Conflict of witnesses in hersay evidence based on the foundations of Islamic jurisprudence

Q: How can I download an article?

To download an article from SID, first log in to the site, search for the article title, and click on the 'Download Article' option.

Q: How can I download an ISI article?

To download an ISI article on SID, enter the keyword or article title in the search bar, view the relevant results, click on the desired article, and select the 'Download Article' option.

Q: How can I access the SID database?

To access the SID database, visit SID.ir, create an account, and log in to access scientific resources.

Q: Is downloading articles from SID free?

Some articles on SID are available for free, while others require payment. Details are specified on the article's page.

KESHAVARZ ALI; ASGARI ALIREZA; soltanian nejad ehsan; arabi akram d

مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

Journal Paper

Paper Information

Journal: QUARTERLY OF LEGAL ENCYCLOPEDIAS Year:2021 | Volume:3 | Issue:9 Page(s): 150-177

Download Full-Text

Persian Verion

View:

2,518

Download:

Cites:

Information Journal Paper

Title

Conflict of witnesses in hersay evidence based on the foundations of Islamic jurisprudence

Author(s)

KESHAVARZ ALI | ASGARI ALIREZA | soltanian nejad ehsan | arabi akram d | Issue Writer Certificate

Keywords

Shi'a and Sunni

Jurisprudence

lewdness of witnesses

withdrawing

the testimony

liable for damages

Abstract

According to the appearance of legal and jurisprudential writings, the discussion of the conflict of testimonies, with a distinction between after the issuance of the sentence and before it, has been discussed in general. However, according to the depth of the word of Islamic jurisprudence, the conflict, in addition to the above-mentioned division, also includes the conflict due to the immorality of the witnesses in the secondary testimony (hearsay evidence). However, Article 1319 of the Civil Code considers both of the above assumptions to be subject to the same sentence, and the order in which such testimony does not affect the application has caused doubts. The presumption issued by Article 167 of the Constitution and Article 3 of the Code of Civil Procedure has made reference to (jurisprudence) as the source of laws inevitable. With the studies carried out in the analytical application of Shiite and Sunni jurisprudence, the channels for discovering the immorality of intuition and referring them to the case that is not the case of immorality of the intuition were separated; In the first case, the violation of the verdict issued with the criteria of paragraphs 5 and 6 of the Code of Civil Procedure and the beautiful narration, and in the second case, Article 1319 of the Civil Code should be considered in the premise before the verdict and after the verdict of the client Considered the guarantor of property.

Cites

No record.

References

No record.

Cite

APA: Copy

KESHAVARZ, ALI, ASGARI, ALIREZA, soltanian nejad, ehsan, & arabi, akram d. (2021). Conflict of witnesses in hersay evidence based on the foundations of Islamic jurisprudence. QUARTERLY OF LEGAL ENCYCLOPEDIAS, 3(9 ), 150-177. SID. https://sid.ir/paper/383471/en

Vancouver: Copy

KESHAVARZ ALI, ASGARI ALIREZA, soltanian nejad ehsan, arabi akram d. Conflict of witnesses in hersay evidence based on the foundations of Islamic jurisprudence. QUARTERLY OF LEGAL ENCYCLOPEDIAS[Internet]. 2021;3(9 ):150-177. Available from: https://sid.ir/paper/383471/en

IEEE: Copy

ALI KESHAVARZ, ALIREZA ASGARI, ehsan soltanian nejad, and akram d arabi, “Conflict of witnesses in hersay evidence based on the foundations of Islamic jurisprudence,” QUARTERLY OF LEGAL ENCYCLOPEDIAS, vol. 3, no. 9 , pp. 150–177, 2021, [Online]. Available: https://sid.ir/paper/383471/en

Related Journal Papers